James Freeman v. Frontline Asset Strategies, LLC

Tuscaloosa, Alabama consumer credit lawyer represented the Plaintiff who sued the Defendants on a Fair Debt Collection Act violation theory.



The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, unfair, and deceptive debt collection practices. It applies to third-party debt collectors who collect debts incurred for personal, family, or household purposes.



Here are some key points about the FDCPA:



What it protects against:



Harassment and abuse: This includes threatening violence, using obscenities, calling repeatedly, and contacting you at inconvenient times or places.

Deceptive practices: This includes lying about the amount of debt you owe, pretending to be someone they are not, and threatening to take legal action they do not intend to take.

Unfair practices: This includes contacting your employer about your debt, disclosing your debt to others without your permission, and adding illegal fees or charges to your debt.



What debt collectors must do:



Identify themselves and the debt they are collecting.

Provide you with written notice of the debt, including the amount you owe and the name of the creditor.

Verify the debt if you dispute it.

Obtain your written permission before contacting you at your workplace.

Stop contacting you if you request in writing that they do so.



What you can do if a debt collector violates the FDCPA:



You have the right to sue the debt collector in federal court.

You can report the violation to the Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau (CFPB).

You can contact a lawyer for help.



Here are some resources where you can learn more about the FDCPA:



Federal Trade Commission (FTC): https://www.ftc.gov/business-guidance/resources/fair-debt-collection-practices-act

Consumer Financial Protection Bureau (CFPB): https://www.consumerfinance.gov/consumer-tools/debt-collection/

Federal Reserve: https://www.consumerfinance.gov/ask-cfpb/what-is-an-unfair-deceptive-or-abusive-practice-by-a-debt-collector-en-1401/



It is important to note that the FDCPA does not apply to:



Debt collectors who collect debts on their own behalf (e.g., credit card companies)

Debt collectors who collect business debts

Debt collectors who collect debts outside the United States



If you have any questions about the FDCPA or believe your rights have been violated, you should contact an attorney or a government agency for help.

The Plaintiff has reported to the Court that a settlement has been reached in this matter (Doc. 9 ). Plaintiff requests that the Court dismiss this case, with leave to reinstate by January 25, 2024. Accordingly, this action is DISMISSED WITH PREJUDICE. Any party may, for good cause shown, reopen this action by January 25, 2024. Costs are taxed as paid. Signed by Judge L Scott Coogler on 12/12/2023. (MEB2) (Entered: 12/12/2023)